West Virginia car accident law: deadlines, fault and your claim

Filing deadlines in West Virginia#

West Virginia's statute of limitationsStatute of limitations. The law that sets the last day to file a lawsuit. After it passes, a court will usually dismiss the case, however strong it is. Glossary for most car-crash lawsuits is 2 years, counted from the crash. That applies to injury claims, vehicle damage claims and wrongful death claims alike.

For an injured child, West Virginia law extends the deadline, a form of tollingTolling. Pausing the limitations clock, for example while the injured person is a child. Glossary: if the injured person is a minor when the claim arises, they have the same number of years after turning 18, but never more than 20 years after the claim arose. Claims against a political subdivision follow a shorter rule. For a child who was under 10 when injured, the claim must be brought within two years or before the child's 12th birthday, whichever is longer.

Before a lawsuit against a state agency, the law requires written notice of the claim and the relief wanted, by certified mail, to the agency's chief officer and the Attorney General at least 30 days before suing. Giving that notice pauses the limitations clock for 30 days. A lawyer can confirm which rule applies to a particular agency or local government.

How fault is shared in West Virginia#

Under W. Va. Code § 55-7-13c(c), fault is divided among the people who caused the crash. You can recover if your fault is not greater than everyone else's combined (50% or less); damages are reduced by your share. This rule dates from 2015, so older claims may follow the prior rule. In a crash with two other drivers, for example, you can still recover even if your share is larger than either one of theirs, as long as it is not larger than both together.

Insurers apply the same rule when they negotiate, so arguments over a few percentage points are common. Try the fault-rule explainer to see how West Virginia compares with other states.

Insurance in West Virginia#

West Virginia drivers must carry liability insurance of at least $25,000 per person and $50,000 per crash for injuries, plus $25,000 for property damage. West Virginia is an at-fault state, and no-fault personal injury protectionPersonal injury protection (PIP). Coverage under your own policy that pays medical bills and some lost income after a crash, whoever caused it. Glossary is not required.

Your own policy can protect you when the at-fault driver has no insurance or too little:

• Uninsured motorist coverageUninsured motorist coverage. Coverage under your own policy that pays when the at-fault driver has no insurance, or too little. Glossary. Required: at least the state minimum limits ($25,000/$50,000 bodily injury, $25,000 property damage).
• Underinsured motorist coverage. Must be offered; optional.

Because underinsured coverage is optional, not every West Virginia policy has it. The Insurance Information Institute estimates that 7.8% of West Virginia drivers were uninsured in 2023, below the national estimate of 15.4%. For questions or complaints about an insurer, contact the West Virginia Offices of the Insurance Commissioner at 888-879-9842 (toll-free); 304-720-8580 (property and casualty consumer services).

After a crash in West Virginia#

Under W. Va. Code § 17C-4-6, the driver must immediately notify police by the quickest means when anyone is injured or killed or total property damage appears to be $1,000 or more. The notice goes to the local police department inside a city, otherwise the county sheriff or the nearest West Virginia State Police office.

Within 24 hours of the crash, the investigating officer must, on request, give each driver the owner, driver and insurance information for the others, at no cost and whether or not the report is finished. The officer then submits the crash reportCrash report. The official report an officer writes after investigating a crash, with the drivers, vehicles, witnesses and the officer's notes. Glossary to the West Virginia Division of Highways within 24 hours after completing the investigation. This guide could not confirm a statewide system for ordering copies, so ask the agency that investigated how to request one. The police report guide explains what a report contains and how to ask for a correction.

Special rules in West Virginia#

Seat belts. West Virginia changed its seat belt rule in 2021. For crashes after that change, with expert support, the defense may show that an adult driver's or passenger's failure to wear a seat belt made their injuries worse, to reduce damages; it cannot be used to show they were negligent. The rule does not apply to child passengers, whose seat belt use cannot be used to reduce their own damages.

Punitive damages. Punitive damagesPunitive damages. Extra damages meant to punish very bad conduct, not to repay a loss. Many states cap them; Texas calls them exemplary damages. Glossary require clear and convincing evidence of actual malice or conscious, reckless and outrageous indifference to the safety of others. They are capped at the greater of four times compensatory damages or $500,000. Cases involving a drunk driver are covered in the drunk driver accidents guide.

Claims against cities and counties. Claims against a political subdivision fall under the Governmental Tort Claims and Insurance Reform Act. Punitive damages against a political subdivision are not allowed, and damages for noneconomic loss are capped at $500,000 per person. Economic losses such as medical bills and lost wages are not capped.

Crashes on West Virginia roads#

The Insurance Institute for Highway Safety counted 256 crash deaths in West Virginia in 2024, or 14.5 per 100,000 people, compared with 11.5 per 100,000 people nationally. In the same year, 56% of West Virginia's crash deaths happened on rural roads and 30% were speeding-related. An estimated 24% of fatally injured passenger vehicle drivers had a blood alcohol concentration of 0.08% or higher.

Finding a lawyer in West Virginia#

The West Virginia State Bar provides the West Virginia Lawyer Referral Service, which takes requests through an online form and at (304) 553-7220. After a referral, you can schedule a first consultation of 30 minutes for $25 or less. A referral is not an endorsement of the lawyer. The guide to lawyer referral services explains how these services work.

Before you hire anyone, look the lawyer up in the State Bar's Membership Directory Search. The license check guide covers what else to look at.